The company's financial responsibility to users for claims arising from the services is limited, and the agreement states that payments are generally non-refundable except where required by law.
This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision limits the monetary recovery available to users who experience harm from genetic testing errors, data incidents, or service failures, which may result in recoverable amounts being materially lower than actual harm suffered.
Interpretive note: The full monetary cap on liability is referenced in the document summary context but the truncated document text does not reproduce the exact liability cap language; the full Terms should be reviewed at 23andme.com/legal/terms-of-service/full-version/ to confirm the specific ceiling amount.
The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.
View change record →The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.
View change record →The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.
View change record →Under this provision, users who experience service failures, reporting errors, or other harm from 23andMe's services may be limited in the financial compensation they can recover, with the no-refund policy applying to most payments unless applicable law requires otherwise.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"Except as may be required by applicable law, payments are non-refundable and there are no refunds or credits for partially used services.— Excerpt from 23andMe's 23andMe Terms of Service
REGULATORY LANDSCAPE: Liability limitation clauses in consumer contracts are subject to evaluation under state consumer protection statutes and, in California, under the Consumer Legal Remedies Act. Where a service involves health data or genetic information, limitation of liability provisions may face additional scrutiny from state attorneys general and potentially from the FTC under unfair practice standards. The clause's carve-out for applicable law acknowledges that statutory remedies may override the contractual limit in certain jurisdictions. GOVERNANCE EXPOSURE: High. The limitation of liability is particularly significant in the context of genetic data services because the potential downstream harm from a data breach or reporting error, including discrimination in insurance or employment contexts, may substantially exceed any fee paid for the service. The provision as stated does not specify a monetary cap in the terms summarized here, though the full Terms may include a 12-month fee cap; compliance teams should review the full version. JURISDICTION FLAGS: California, New York, and Illinois have consumer protection frameworks that may limit the enforceability of broad liability caps in consumer contracts involving sensitive personal data. The Genetic Information Nondiscrimination Act provides federal protections against genetic discrimination in health insurance and employment, but does not create a private right of action against 23andMe directly. CONTRACT AND VENDOR IMPLICATIONS: Organizations purchasing 23andMe services for employee wellness or research programs should evaluate whether the liability limitation adequately addresses their indemnification expectations, particularly where downstream harm to employees or research participants could result from reporting errors. COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether the full Terms include a specific 12-month fee cap on liability and evaluate whether that cap is consistent with the value of genetic data and applicable state law. The no-refund policy should be evaluated for compliance with state automatic renewal and consumer protection disclosure requirements.
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This provision limits the monetary recovery available to users who experience harm from genetic testing errors, data incidents, or service failures, which may result in recoverable amounts being materially lower than actual harm suffered.
Under this provision, users who experience service failures, reporting errors, or other harm from 23andMe's services may be limited in the financial compensation they can recover, with the no-refund policy applying to most payments unless applicable law requires otherwise.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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